St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-06-30
Judge Mitchell Says Railroad Can't
Cross Another Road at Its.
Own Election.
This Decision is Knocker- Tout For
the st. Paul & North
ern Pacific.
A Bail Jumper Returns and is Promptly
''Nabbed" BY United States
Marshal Campbell.
Various Items of Importance Picked
Up in and Around the
Court Rooms.
AN IMPORTANT DECISION.

AN IMPORTANT DECISION.
Judge Mitchell Decides Against
the St. Paul II Northern Pacific
Road.
Judge Mitchell. of the supreme court,
handed down very important decision
yesterday in the appeal of the st. Paul
" Northern Pacific road from the order
of the Ramsey county district court.
The st. Paul u Northern Pacific made
an application to the district court for
the appointment of commissioners to as
seSs damages to be awarded to the Mani
toba road for crossing, which the former
company proposed to run across the lat
tiers tracks, POO feet south of East Sew
enth street. The counsel of the st. Paul
IL Northern Pacific labored under the de-
fusion, based upon the constructions of
the New York law, some provisions OF
which found their way in the Mime
sofa law, that the petitioner had an alb
SOlute right to lay crossing over the
Manitoba tracks, as, it was in its line of
way. and that the only thing to
secure the crossing was to get commits
SionerS appointed, have the damages as
Sessed. pay the Manitoba the compenSa-
ton awarded and go. ahead. The SUI
preme court, sustaining the lower court,
decides that the petitioner had no such
absolute right, but that the question of
public necessity and benefit would de-
termIne whether the crossing should be
granted. The decision is a very eX-
-haustive one, reviewing the questions of
eminent domain and equity among cor
porationS and individuals and the power
of the courts to decide the requirements
of public interest, concluding with a
construction of thesNew York and Min
nesota laws. In the opinion of the court
the New York law does not give the APP
pellant the abSoluterigh claimed in the
case of the proposed crossing of the
Manitoba. Says the court, in effect: IF
the petitioner had the absolute right
claimed, it might lay its tracks along or
over any street of any city as it might
see fit to elect, without ever considering
the interests OF the public" Following
is the syllabus. as well as those of two
other cases decided yesterday:
In the matter of the. proceedings of the st.
Paul u Northern Pacific Railway Company
TO acquire for its use certain railway
crossing in Ramsey county, appellant
Syllabus-Under Gen. Stat. 1873, Oh.
Oh. 30, Sec. b "a railway company
has no absolute right at its own mere
election to u crossing over the railroad of
another company. The court to whom the
application for the appointment of commits
sionersi is madeis firstto determine whether
the crossing sought is necessary and re-
quired by public interests. The provisions
Of section II in that regard are applicable to
affirmed. MITCHELL, j.
Henry P. Hurley, respondent, VS.. Elizabeth
j. Hamilton ct al. appellants.
Syllabus The power to make partition
conferred upon. the probate court by Gen:
STAT. CHI. 80. is only given as an incident of
settling the estates of deceased persons, and
as part of the final step of administration,
viz: the decree of distribution, and can
only be exercised while the land is still i'll
possession of the court for the purposes of
administration. After the administration is
closed and the land assigned TO the heirs by
q decree of distribution i'll common, or in in
dividual shares, no subsequent proceeding
for partition can be instituted in the probate
court. Order affirmed. MITCHELL, j.
August F. Wendlandt, appellant, VS.. Charles
Sohfe, respondent
Syllabus-A surety is any person who be-
ing liable TO pay debt is entitled, if it is en-
forced against him. to be Unidentified by
some other person who ought himself to
have paid it before the surety was compelled
TO do so. Parties who contract q debt as
partners may, by reason of subsequent ar
rangements or Transactions become as be-
tween themselves principal and surety. The
partnership between plaintiff and defend
ant having been dissolved, full accounting
adjustment and settlement was had, as was
supposed, of all the partnership business,
both as between the firm and third persons
and as between the parties themselves,
but by inadvertence one debt contracted by
the firm was overlooked and left unpaid
When it became due plaintiff. paid one-half
of it.and upon defendants refusal to paw the
Ofhpr half hTOnOht action auDir1c CT him
indemnity and to compel him to pay it.
Held that as between the plaintiff and de-
PENDANT the former bore the relations of
surety for the remaining half of the debt.
and as such could maintain the action. Or
der affirmed. MITCHELL j.
lie ''NABBED" HIM.
An old timer showed up in this city
Tuesday evening. He had been absent
from the city for some time. His name
is w. III. Griffin, and when in business
here he kept a saloon and restaurant at
the corner of Seventh and Cedar streets,
where Lucore's stand now is. He left
the city soon after a few boxes of cigars
had been appropriated from the Cali
fornia wine house, and when he did so
he jumped bail which was to have been
assurance of his appearance before the
United States district court on the
charge of neglecting to take out a
special government license for his bust
ness. Marshal Campbell recognized
him yesterday and accordingly.'nabbed''
him. He was taken before Commits
sioner CordoZo on the old charge, and
in default of $500 bail was remanded to
Jail. Later in the day bail was pro-
cured.
DIDN'T DESTROY THE STAMPS.
Deputy Internal Revenue Collector J.
w. Vars has been getting his work i'm
recently on several West st. Paul beer
sellers for neglecting to destroy the
government beer stamps on kegs from
which big schooners of beer had been
drawn. John HeisiDger- and r. Rich
ardsOn were the first victims of the zeal
of Mr.. Vars. Yesterday two more were
brought before Commissioner Mccall
ferty, both of whom put up $500 bail.
They were Frank BrosSeau and III.
Kuehne. Mr.. Kuehne's case had been
continued over from Saturday. To-day
the continued case of II. Gillespie will
come up for a hearing.
A REAL ESTATE DEAL.
Among the new cases filed in the
Ramsey county district court yesterday,
was the complaint of Charles L. Dick
erman against Daniel Sullivan. Mr..
Dickerman alleges that he was taken in
on a real estate deal to the extent of
$3.50 earnest money. Mr.. Sullivan. he
alleges, represented to him on Sept. s,
1856, that his, Sulliyan's title, was good
to rectangular piece of property in
block 81, Lyman Dayton's addition,
210xl10 feet, which he proposed to sell
to Mr.. Dickerman for $4,000, payable as
follows: $3.50 down upon execution of
contract, $1,000 upon delivery of deeds,
and the balance in one, two and three
years, upon the assumption Of the pay
ment of certain mortgage Mr.. Dick
erman paid the $3.50, employed an at
torney at an expense Of s25, and learned
that Mr.. Sullivan did not have reliable
title to the property. He asked for
deed, and it was refused. Now the